G.Loganathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.02.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.Loganathan .. Petitioner vs 1.The District Collector, Office of the Collectorate, Singaravelar Maligai, Chennai-600 001.
2.The Chief Engineer, Tamil Nadu Housing Board, Thirumangalam, Chennai-600 101.
3.The Commissioner, Ripon Building, Park Town, Chennai-600 003.
4.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi Irwin Road, Egmore, Chennai-600 008.
5.The Executive Engineer, Zone-II, Manali, Chennai-600 068.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the third respondent to consider the petitioner's representation dated 14.9.2021 and evict the encroachers in the 80 Feet Road, Sadayankuppam Village, Manali Chennai within a stipulated period that may be fixed by this Court. For the Petitioner : Mr.M.K.Bhoopathy Rajan For the Respondents : Mr.C.Kathiravan Spl. Government Pleader for respondent No.1 : Mr.D.Veerasekaran for respondent No.2 : Ms.Aswini Devi for respondents 3 and 5 : Mrs.P.Veena Suresh for respondent No.4
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.K.Bhoopathy Rajan, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for
respondent No.1; Mr.D.Veerasekaran, learned counsel for respondent No.2; Ms.Aswini Devi, learned counsel for respondents 3 and 5; and, Mrs.P.Veena Suresh, learned counsel for respondent No.4.
2. A status report is filed by the Junior Engineer, Division-16, Greater Chennai Corporation.
3. As per the status report filed by the Junior Engineer, Division16, the officials of the Corporation have visited the 80 feet road on 4.8.2023 and found that bunk shop and temple are situated. A stop work notice/notice calling for the approved plan under Section 56(1) and 57 read with Section 85 of the Tamil Nadu Town and Country Planning Act, 1971 has been issued to the alleged encroachers.
4. It is stated that the officials of the Corporation have removed the bunk shop. A notice has been issued to the temple and the same would be removed as per Section 128 of the Tamil Nadu Urban Local Bodies Act, 2023 and also further steps would be undertaken in accordance with law.
5. In view of the status report filed, no orders are required to be passed in the present writ petition. The writ petition is, accordingly, disposed of. There shall be no order as to costs. In view of the disposal of the writ petition, W.M.P.No.1940 of 2024 filed by the petitioner to implead the proposed sixth respondent is closed.
(S.V.G., CJ.) (D.B.C., J.) 05.02.2024 Index :
Yes/No :
Yes/No bbr To 1.The District Collector, Office of the Collectorate, Singaravelar Maligai, Chennai-600 001.
2.The Chief Engineer, Tamil Nadu Housing Board, Thirumangalam, Chennai-600 101.
3.The Commissioner,
Ripon Building, Park Town, Chennai-600 003.
4.The Member Secretary, Chennai Metropolitan Development Authority, Thalamuthu Natarajar Maaligai, Gandhi Irwin Road, Egmore, Chennai-600 008.
5.The Executive Engineer, Zone-II, Manali, Chennai-600 068.
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
bbr 05.02.2024